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Contesting a Will in NSW_ Rights of Grandchildren-img

Can a Grandchild Contest a Will

Can Grandchildren of The Deceased Contest a Will in NSW? In NSW, only an ‘eligible person’ can contest a will. The grandchild of a deceased person may be considered an ‘eligible person’ if they satisfy a court of the following: They were, at any particular time, wholly or partly dependent on the deceased person; and

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How to Challenge a Will in NSW-img

How to Challenge a Will in NSW

To challenge a will means to take issue with the validity of the will. There are many grounds on which a person may challenge the validity of a will. Questions may arise in relation to the execution of the will itself or in relation to the circumstances surrounding the drafting or preparation of the will

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Can a child of the deceased contest a will in NSW-blog-featured-img

Can a Child of the Deceased Contest a Will in NSW?

A child may be disinherited for many reasons. It may occur where the child is independently wealthy, where the child is estranged from the parent, or where a child has been ‘passed over’ in favour of a grandchild. Regardless of the reasons, any child who receives less than what they were expecting or nothing at

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Contesting an Unfair Will in NSW-blog-featured-img

Contesting an Unfair Will in NSW

A person who receives less than they were expecting in a will or nothing at all may feel as though the will is unfair. In NSW, they may be able to contest the will by bringing a ‘family provision claim’. Although family provision claims are not determined on fairness, a feeling of unfairness may indicate

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What is a Family Provision Claim in NSW-blog-featured-img

What is a Family Provision Claim in NSW?

A person in NSW is free to leave their estate to anyone they choose. This is referred to as “testamentary freedom.” This testamentary freedom is subject to the Court’s power to alter the terms of a deceased person’s will when a will is successfully contested through a family provision claim. An eligible person may bring

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Can a Spouse of the Deceased Contest a Will-img

Can a Spouse of the Deceased Contest a Will?

Contesting a will is a legal process whereby a person who believes they have been unfairly left out of a will, or has not received as large a share as they were expecting may bring a claim against the deceased’s estate. In NSW, contesting a will involves bringing a ‘family provision claim’ under the Succession

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Can a Former Spouse Contest a Will in NSW-img

Can a Separated Spouse Contest a Will in NSW

Recently, we wrote a blog about whether a spouse can contest a will in NSW. But what about those who are divorced or separated? Can a former spouse contest a will after the divorce? With up to 30% of marriages ending in divorce, getting legal advice on how to update your will post-divorce, or make

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Common Misconceptions about Contesting a Will in NSW-blog-featured-img

Common Misconceptions about Contesting a Will in NSW

Contesting a will is a complex legal process that should only ever be undertaken with the advice of a specialist will dispute lawyer. There are a range of common myths about contesting a will that can lead to misunderstandings, delays, and potential legal problems. Remember, if you are considering contesting a will, you must make

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The Difference Between Challenging and Contesting a Will-blog-featured-img

The Difference Between Challenging and Contesting a Will

Do you have a question or concern about your claim within a will, or a suspicion that a will was not prepared fairly? Notably, such issues fall into two distinct areas of will dispute law: challenging a will, and contesting a will. The differences between challenging a will and contesting a will under NSW law

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The Role of the Court in Contesting a Will in NSW-blog-featured-img

The Role of the Court in Contesting a Will in NSW

Courts play an integral role when contesting a will. Although many wills disputes involving a contested will can be resolved through negotiations and/or mediation, sometimes the matter isn’t resolved in this phase, and it moves on to a court proceeding. Speaking with an experienced wills and estates lawyer is the first step in helping you

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How to Gather Evidence to Support Your Case When Contesting a Will-blog-img

How to Gather Evidence Needed to Contest a Will

A person contesting or defending a will may obtain evidence from various sources and in various forms.  The overarching objective when gathering evidence is to identify, obtain and/or collate evidence that advances your case. An experienced wills and estate lawyer will be able to advise you on what is best for you and your case.

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Why Consider Mediation When Contesting a Will in NSW-blog-featured-img

What is Mediation in Family Law

What is Mediation? Mediation is an alternative dispute resolution process whereby the parties meet with an independent, impartial and neutral mediator who assists the parties to reach an agreement. Mediation can take different forms including judicial settlement conferences, court-annexed mediation or private mediation. The success of mediation will depend on each party’s willingness and ability

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Examples of Wills that Have Been Contested-blog-img

Examples of Wills that Have Been Contested

In NSW, an ‘eligible person’ may contest a will by making an application under section 59 of the Succession Act 2006 (NSW) for provision (or further provision) from a deceased estate if the will of a deceased person did not provide them with adequate provision for their proper maintenance, education and advancement in life.  Spouse

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A Guide to Challenging a Will in NSW-blog-img

A Guide to Challenging a Will in NSW

On What Grounds Can You Challenge a Will in NSW The facts and circumstances of a case will determine whether a will can be challenged and on what grounds.  Examples of where a person may be able to challenge a will include where the will has not been executed in accordance with the formal requirements

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What to Do if You’ve Been Left Out of a Will in NSW-blog-img

What to Do if You’ve Been Left Out of a Will in NSW

Finding out that you have been left out of a will can be an emotional – and in the case of a parent or close family member – a potentially devastating realisation. You may know why the will-maker chose to exclude you as a beneficiary, or it may come as a complete surprise.  In any

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Defending a Will NSW-blog-img

Defending a Contested Will NSW

It is the executor’s role to defend a will against a claim, regardless of whether the claim is well founded or frivolous. A person may challenge a will on grounds including undue influence, suspicious circumstances, or a lack of testamentary capacity, or a person may contest a will by making a family provision claim for

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How to Stop Someone Contesting a Will in Australia-blog-img

How to Stop Someone Contesting a Will in Australia

In NSW, a person may contest a will by bringing a claim against a deceased estate for provision or further provision from the estate. This is known as a ‘family provision claim.’  Family provision claims may be well founded and have good prospects of success, or may be frivolous with no prospects of success brought

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cost of contesting a will in NSW

Cost of Contesting a Will in NSW

The cost of contesting a will depends on several factors, including your legal representative’s fee schedule and fee structure, the size and complexity of the estate, and the timing of the resolution.  The fees that a person may pay will depend on their legal representative’s fee schedule and fee structure which are set out in

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time limit to contest a will in NSW

Time Limit to Contest a Will in NSW

If you want to contest a will in NSW, there are time restrictions that you must adhere to. In NSW, an application for a family provision order must be made not later than 12 months after the date of the death of the deceased person, unless the court otherwise orders on sufficient cause being shown

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who can contest a will in NSW

Who Can Contest a Will in NSW

Only an ‘eligible person’ can contest a will in NSW. ‘Eligible person’ is defined in section 57 of the Succession Act 2006 (NSW) and includes a spouse, de facto spouse, child, former spouse, a wholly or partly dependant grandchild or member of the deceased’s household, or those with whom the deceased person was living in

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how to contest a will in NSW

How to Contest a Will in NSW

In NSW, a person can leave their assets to anyone they choose when they die, in other words, the person has “testamentary freedom.” In some circumstances, however, the law can interfere with the deceased’s testamentary freedom and effectively rewrite the terms of the deceased’s will by altering the distribution of the deceased’s estate. This is

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guide to contesting a will in NSW

Guide to Contest a Will in NSW

Guide to Contesting a Will NSW Discover your rights and options in contesting a will in NSW with our expert guide, detailing the legal provisions and processes for potentially altering a deceased’s will through a family provision order. Need help contesting a will? In NSW, a person can leave their assets to anyone they choose

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Why Have an up-to-date will

Why Have a Valid & Up-to-date Will?

Taking the time upfront to prepare an effective, legally binding will helps ensure your hard-earned assets are distributed or taken care of in a way that you like. Carefully considered estate planning saves families stress and money following your passing—an already undoubtedly difficult time for them. Rather than remain uncertain that the will you have

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